Tiny Business Sues Shapewear Leader Spanx

In the fashion world, copying or borrowing others’ ideas has almost become the norm. In fact, it has helped build huge businesses for fast fashion companies like H&M, Forever 21 and other rivals. Now a small company in California is trying to take on popular shape wear brand Spanx, saying it’s gone too far.

R and A Synergy, which had $1.6 million in 2016 sales and is owned by a husband and wife team, filed a complaint on December 21 against Spanx in United States District Court for the Central District of California, Western Division, alleging Copyright Infringement, Trade Dress Infringement, False Advertising, and State/Federal Unfair Competition.

R and A Synergy essentially claims that Spanx’ latest products, Arm Tights and Sheer Fashion, borrow too liberally from its own Sleevey Wonders brand. Created by its CEO Ruthann Greenblat, Sleevey Wonders says it is the first slip-on sleeves brand made to wear under sleeveless and strapless tops to beautify your arms and expand your wardrobe. It takes issue with Spanx founder Sara Blakely’s claim on Good Morning America that her similar Arm Tights was her invention. The company’s complaint includes evidence that Spanx purchased Sleevey Wonders product in 2013 and had it sent directly to CEO Sara Blakely’s executive assistant. R and A is not seeking specific damages yet, according to Sleevey Wonders' attorney, and is waiting until it takes discovery.

Meanwhile, Spanx launched Arm Tights in September. On its website, it hails it as a “revolutionary product that will transform your wardrobe” and says it took five years and 100s of prototypes to create. Essentially colorful pantyhose for arms, Arm Tights promise “flawless arm coverage” and the ability to wear “everything sleeveless year-round.” While the products have similarities, Spanx denies R and A’s allegations. In an early response to Greenblat, Spanx’ lawyer said that while both products, and others on the market, are intended for use on the arms, the products differ. More recently Spanx sent this statement:

“Since 2000, Spanx has made fabulous products for our loyal fans and we will continue to do so. We believe these claims have no merit and Spanx has not infringed on any valid trade dress, copyright, or trademark right.”

Forbes spoke to intellectual property attorney Robert Allen, a principal in McKool Smith Hennigan’s Los Angeles office, for his take on the suit. “Much of what Sleevey Wonders complains about is simply Spanx’s ability to create and market a competing product,” says Allen. “For example, while both companies have hangtags featuring a similar concept, they appear sufficiently different to me to avoid any issue of copyright infringement. What is important under copyright is not the copying of an idea, but copying the expression of that idea, and both hangtags appear to express a similar idea differently. Additionally, the packaging of Spanx’s products appears sufficiently different from the Sleevey Wonders packaging to avoid the likelihood of any consumer confusion.”

Sara Blakely models one of her new Arm Tights on Spanx' website.

Spanx

It is not uncommon for fashion brands to file complaints against perceived copycat designers. Fast fashion brand Forever 21, for instance, has been sued at least 50 times for copyright infringement but the legal battles have not had a big impact on the business. Right now, it’s battling Gucci over striped items. Gucci apparently sent cease-and-desist letters to Forever 21 more than a year ago, demanding it stop selling its blue-red-blue striped items, claiming those are a feature of the Gucci brand. Forever 21, meanwhile, asked a California federal court in June “to issue a declaratory judgement that its striped merchandise is not infringing on the Italian design house,” according to a story on Forbes.com. It lost that battle in November when a United States District Judge apparently ruled in favor of Gucci, dismissing Forever 21’s complaint against the luxury brand. Forever 21 can refile.

While it seems a stretch to think Sleevey Wonders (which has sold less than $6 million in its arm sleeves in seven years) will win much against Spanx, it is possible that the case will bring attention to the much smaller brand, which appears to be using the suit to bring attention to its story. Though it has nothing to do with its legal claim, Sleevey Wonders is hoping to win sympathy by highlighting health problems of the owners and their two children, all of whom suffer apparently from health problems resulting from Lyme Disease. According to the press release it issued on Tuesday, Ruthann almost died of Stevens-Johnson disease exacerbated by Lyme disease and underwent stem cell therapy in July 2017 while her son has three inoperable brain tumors. “I only want to save my family. That’s the whole reason behind starting this business. I think I deserve a fighting chance to do that,” says Greenblat.